GREENSBURG, Ind. — An attorney for Darrell Rhymes said his hospital stay shouldn't have happened.
"Even a small amount of marijuana or something, a passenger in a vehicle who's not the driver," said Rhymes' lawyer, GiGi Gilbert. "There's no way their face should look like that. The end."
In a press release, Greensburg Police said they stopped a vehicle for multiple violations March 3. Inside, officers found Jamesha McChristine driving and Rhymes in the passenger seat. Rhymes' lawyer said the two were headed to his nephew's basketball game in Cincinnati.
The officer said she smelled marijuana in the car and believed McChristine was giving false identity statements before she drove off on Interstate 74. According to police, the chase reached speeds over 100 miles per hour.
Gilbert said once the car stopped, Rhymes complied with officers' orders, then was hit and kicked in the face after he was tased.
Police said Rhymes took off on foot and was tased, fell and suffered injuries to his face from the fall.
"I welcome viewing all of the video, and I hope that they do release it to me because he wants justice, and he wants the truth," said Gilbert, who filed a tort claim Wednesday, believing her client was racially profiled.
She filed a tort claim notice against the city of Greensburg, Decatur County, Greensburg police officer Kaitlin Jackowicz and Decatur County sheriff's deputy Niculy Polley. Gilbert said she also filed a federal lawsuit.
"Their version is that he was tased, he fell down and that's how he was so injured," Gilbert said. "However, he has a broken jaw, two broken orbitals, broken cheek bones, five to six missing teeth all in front."
A statement from Greensburg city attorney Christopher Stephen reads, "The press release issued last week accurately reflects the events that occurred on the date in question and the City stands behind its police officers and their actions."
Stephen declined to comment on any pending litigation.
Wednesday, Rhymes was charged with identity deception, a felony. He was originally charged with misdemeanors. The charge comes on the same day the tort claim notice was filed by Gilbert.
Greensburg Police declined to comment because it is an ongoing criminal case.